Appellate
Newmeyer Dillion’s Appellate practice helps you achieve your goals, whether to overturn an unfavorable result at trial or maintain a great result previously received. Our appellate attorneys have handled writs and appeals involving international arbitration challenges, high stakes insurance litigation, government and environmental litigation, and complex business and real estate disputes for large and small clients alike. We have a broad bench with experience in maximizing your probability on appeal, having argued before the California Supreme Court, in California Courts of Appeal across the state, and in federal appellate courts across the nation. Our team stays connected and focused with developments affecting our clients and their industries, and we are often called upon by colleagues, clients and trade organizations alike to write amicus briefs and letters in support of or opposing review, and to publish or depublish decisions.
Our appellate success has its foundation in compelling stories and crisp writing, our commitment to diligent and creative pursuit of applicable legal authorities, and oral advocacy, informed by:
- Keen awareness of client goals and strategies. Even at the appellate state, Newmeyer Dillion focuses on your key goals and strategies so that our approach meshes with your business priorities. Sometimes the “right” legal result in a given case may be the wrong result for the company as a whole, and we work with you to make sure that we not only handle your individual matter correctly, but that the work we do is focused on helping you propel your business forward in the most productive way.
- A unique perspective: To best present your case on appeal, we work closely with you to shed critical insight on where a case should be filed and tried, what issues might be appropriate for an appeal, and on how the case should be presented and argued. At trial and in trial level proceedings, we are keenly aware of the potential for a future appeal and make sure to create a solid record in the underlying court to maximize your options and probability of success by writ or appeal. Because we know what legal holdings prevail in which appellate divisions and districts and which justices authored, supported, or dissented from them, we are confident your positions will receive favorable consideration and that we will propel you to success.
- Developing the law: Particularly for those in heavily-regulated industries or those who stand to litigate the same issues as “repeat players,” we look for opportunities to work with you to help the law change or evolve in a favorable way, and to push that evolution in directions that benefit you. We are extremely familiar with the interplay of legal authority, and are uniquely positioned to advise you regarding broader long-term legal strategies.
- Publication and Depublication. Newmeyer Dillion keeps an active watch on pending litigation and appeals in areas with the potential to impact our clients. When favorable decisions arise, we work with our clients to support an order requiring the publication of the decisions to increase the utility of the favorable ruling for other matters. Depending on client and industry goals, we either seek (or defend) publication or, in some instances, actively oppose publication on seek depublication of wrongly decided cases with negative impacts on our clients.
Our appellate work has involved substantive areas ranging from industry changing insurance disputes on behalf of our policyholders, to complex business real estate disputes leading to appellate and Supreme Court decisions effecting fundamental fundamental public policy and changing the course of California Law.
